The Sun. — London, England, 1809-08-17 00:00:00

NAVAL NEW. SUMMER ASSIZES. - ' • PORTSMOUTH; AUG. 16:—Arrived this day his TRIAL OF CAPTAIN DAVISON'. The Assizes for the County o f S ome rset Cdrti. Majesty's ship -Jason, of 32 guns, flom the West menced on Monday last, when Captain John Dav 6 Indies; also the Tzive Gesusters, DuED, from Guern- , son, of the Royal Marines, was, indiEfed before Sir SOULDEN LAWRENCE, Knt. for stealing a piece of musn,.of the value of 30s. the property of James Bunter, mercer of Taunton. Mr. GAZELEE opened the indiEtment. Mr. JEKYLL then stated the 'circumstances' of the case to the Jury, and observed, he had seldtnn, in the discharge of his professional duty, a more pain ful task to perform than to detail the evidence which he should have to adduce, in order to substentiate the charge-in the inditament, which charged the prisoner. with .the . crime of felony.; the facts were few, short, but cogent, and he feared, irresistible ; 'they would come better from the witnesses than from any statement of his—he would proceed -to ' Call them- The first witness was Alexander Bailer, who said—l am an apprentice to Mr. James Bunter, of Taunton.. I know Capt. Davison'; he came to my master's house on the 25th of July, at half past seven in the .morning ; there was no one in the shop but myself; lie asked if Mr. Bunter was up ? I told him he was, and on that he went away. Mr. Bunter 'came into the shop in about five minutes, and 'on seeing "some orie go by with whom he wished to speak, he walked out towards the Parade, and Capt. Davison cause itt irnmediitely after. I was cleaning the tvindows on the outside of the shop; on Capain Davisons again going into the shop I followed him--- - -he asked to look at the muslins he had seen the night before, and walked to the lower end of the shop to the counter on the right- hand, and I carried to him or 12 pieces, as he was sitting on the counter—he took the first I sheaved him in his hand, and very carelessly laid it by his side, and he did the same to some other pieces. After looking at them some time he went towards the door, but before that, he bad }brown his banderchief upon fcnr or five of the pieces, which he had folded tip. When at the door _he asked me how the handkerchief he had on looked, and whether we had any of the satne ?—I told him we had none 'df, them. - He asked me then for g looking glass. I 'told hint we had none but what Were fixed, but if he would walk into the pinion; he Might see there to this he made no reply. He then sat down in a chair rather 'below where the muslin. was, and asked to look at some stockings at about Ss. a pair, for his brother , : --before this,; I had taken away the pieces of muslin that were not co 4 vered over; there was at this time a piece under his handkerchief, which I could plainly per:eive. I took him out some stockings 'from the opposite side of :the shop, but kept my eyes on him, and I ob-, served him draw his handkerchief from the counter into his lap with Loth his hands—l observed the muslin was still under the handkerchief as' he drew it towards him. He then asked for some fashion able waistcoat patterns ; I went across to the other Counter to get him some—my face was towards him, and I observed him take up the handkerchief and soneeie ittogether, and put it under the left lapel of his coat; he took the patterns of -the waistcoat, as be said he wished to shew them first to Yandell, his taylon At this. time his arm was over his coat' to wards his lapel where he had put his handkerchief, and ,walked gut of the shop, Mr. Bunter came into the shop whilst Captain Davison as there, but stayed but two or three minutes. I missed the first piece of muslin I had shew n hi m immediately after his going Out—it was marked with 01G Slit — the S had been altered, it had been an I. When I missed the muslin, I rung the bell, and Mr. Bunter came ; I described to him what had happened, and the particular piece which was missing, and that Capt. atviton was gone to Yandell's. Mr. Bunter left the shop to go to Yandell's, through Hammet street. I then went out and saw Captain Davison standing at Mr. 13lueft's shop door. When I per ceived Capt. Davison was gone to Yandell's, I called to Mr. Bunter aloud; and Davison walked by the Market-house towards his own lodgings.. At the time I sheaved Capt. Davison the first piece I tnok - notice of the mark. Sailed his Majesty's ship charizpion, of '724 gun's, Capt. R. HENDERSON,• with a convoy of about: 21 sail of transports, for the 'Baltic, with Russian sea =en on board Venus, LAWRENCE, and Delight, JOHNSTON, for Guernsey. The outward-bound Meditefranean and Oporto convoys, which sailed froin hence yesterday, are still remainin g in Cowes roads, wind-bound. - . PLYMOUTH, AUGUST 15.—Arrived his Majesty's ship Druid, from Madeira ; the Betsey, BLKKER, from Sunderland; and Ann, VITTERY,from Neath. Sailed, the schooner Conjurer, BOCKETT, for Gib raltar; .and the Gleaner, Kractr, to the westward. Arrived the Duke of Kent, EDDINGTON, from Quebec, laden with timber and masts, fix - the Dock yard, at this port. DEAL, AUG. 16.—Came down from the River, the Mars, FALCONER, for Dominica, and Sophia, Surit-r, for 'Malta. Arrived the . William , HURST, from Trinidad- SpOke the Rertnione, 35 days from Liverpool, going into Ttinidttd. Cross-examined ,by Mr. Serjeant had seen the piece of muslin lost the preCeding evening. Capt. Davison had purchased a yard of ribbon the day before. On my calling to Mr. Bunter, Captain Davison retired from Mr. liluett's shop. Charles Sutton, Constable of Taunton.-.4 went in company with another Constable, to search the house - ot, Mr. Owen ; we first went into a bed chamber, and then into a drawing-room. apt. Davison was 'no t there : when before the Justice, he desired to sleep in his bed-room, at Mr. Owen's. In the chamber there was a trunk With Captain Davison's name on it, on a brass plate ; we bloke it open, and found in it a piece of muslin (produces it). Capt. Davison desired of me to have the things found in the trunk, which were not owned, returned to him, particularly a pocket-book, containing-papers; when he came back from the Justice, he, asked for his trunk—l told him I had taken it to my house— the muslin was out of my hand, but never out of my house. Alexander Bailer identified the piece of muslin to be the same lost, and that it was Mr. Bunter's pro perty. Mr. Bunter.—The marks on the . muslin are my writing, the muslin is my property,' and worth more than 30s. In ten minutes after the search, the mus lin was brought to me, and . 1 knew it.—l am cer tain I had a piece of this, quantity, six yards and a quarter, on the 25th of March, when I took stock, and no other piece of that price and quantity, and I have never sold that piece. Alexander Bailer called again. —Said he had never sold that . piece. Here the evidence for the prosecution closed. Colonel Mears, T. Woodford, Esq. Surgeon, Bryant, Esq. R. Morgan, Esq. Rev. Mi. Townsend, Rev: F. H. Clapp, H, C. Standart, Esq. and the Rev. D. Webber, all of whom are persons of the first respeaability, and who had known the pri soner nearly two years, severally gave hiin a most excellent chardaer. The Judge then 'summed up the evidence, and told the Jury, however. they might lament that a Gentleman of the Prisoner's condition in life, holding the rank of a Captain in the Royal Ma rines, and w.ho had borne so high and honourable a chavader till the present time, should on this occasion have forfeited that chSrader, and have orgotten his situation ; that it was their duty, if 'GIBRALTAR PAPERS. MURCIit, JULY 8.-- Y esterday's Mail 'brougt t itliefollowing letter, which we give here literally : lilAkON, JUNE 21, 1809. MR. EDITOR • " avail Thyself 'of the opportunity df a ,vesSel which is going to Sail -for the coast of Spain, to impart to our 'beloved nation the. plea'si'ng and . vfficial infermatiOn 'Which the Governoi of thi s Island has just received froM his Sicilian Majesty, to the following purpose : The British and Sicilian 'troops, which landed, on the coast of Italy, united with the intrepid na tives of that Kingdom, who are anxious to fake ven geance for the evils inflieted on them by the Tyrant of Europe, have obtained the greatest advantages, as they have succeeded in setting the whole of that Kingdom (Naples) agiinst the oppressor, MunAT,. . 'Who tyrannises over it, and enabled inany:of the towns who groaned under his yokt-_, to shake it off. "cc There is- no city' in Italy," it is further stated ' , te bnt has issued a proclamation to 'urge the hillabi. tants to rise; and this intelligence being so favnurL able to the most just Cause which the Spaniards aie defending,,l will not lee , this, opportunity escape,' that the nation may have the joyful tiews without delay. ti ' I have the honour to be, Mr. Editor, &c. (Signed) " MARTEN CosTA, • , " Captain of the Mule." ExtraCt of a private letter, dated Malta, June 28 • Our troops and time Sicilians, after Making them r tv " Ma ste4 of Ischia and • Priocida, have lanci.;• ed at Baia, whence they are to proceed immediately • t9'N'aplei: The natives were flocking to the British • standard."—(Gitraliar Chronicle, July 22.) --- We have received Nev. , York, Boston ; and Phi ladelphia Papers to the Ittli ult. A great portion of their contents is devoted to the narrative of their jaroceedtngs in the different States, 10 celebration of the 4th Anniversary of 'Amerivan Independence, on the 4th of last month, and iii several of the Papers it is distinguished as the jubilee of trade and c ommerce, as well as of Republican. liberty, in -e,risequence of the negociation with Mr. Erskine f or the re-establishment of the intercourse with this c'ountry. HAVATANA, JUNE. 12.—The San Francisco de -ratila, of 74 guns, arrived this morning` from Vera Cruz, with seven_naillions of dollars for Spain, and t wo millions for this place. Mr. Anderson, the American Agent, has closed his office, and, by ex, Press orders of the Governor, will take his departure 111 a few days." A most severe embargo has been laid Qn all yes es' in th e D u t c h-p orts. T his Circumstance is posi vely stated in lett ers pf a recent d ate, received yes terday by a respectable house in the city. We, have been favoured with a copy of the Decree of the 29th th e , Ju subj ly, resde paing America n vesse l s , w hi c h has been eof so much anxiety. tOUIS NAPOLEON. Sec. Sec. - No" Until further orders, our Decree of 30th June,. . i r em AI: .1 --- r e L'iog the admission of American yes ;els into the harbours of.this kingdom, shall be re-' peated, and every thin g ' relating thereto be placed on the same . cry thi ng as it was before the issuing of the said Decree,. So that no oilier vessels than those _. conforming strialy to the restriCtions contained in Our former decrees shall be admitted. Those which shall not so conform, shall be warned off. The Di re6tor of the Customs st hereby orders all Cu The Officers stationed i n the harbours and Ports of this kingdom to ad according to the above Decree, and to vessels s American a ll .Captain of melican of , which may her ea f ter arrive, of the contents the same;" as also of the decrees by which the im Me port of g oo d s i s permitted. And also tp send paper s or those, which from the nature of their cargoes conceive th e same admissible, with the ad r dittos of the usual declaration of the Director of the , Customs, the same. " and to wait f or fu rt h er orders . concerning 1 L ley. , . qleY;tvere with the evidence they bad heard, to find hitn,gUilty, however painful .the `diseha rge o f th a t duty might be ; .and 'that eha i,•aaer, in c4Se6 where a fair' doubt could be ,enier tained, oughtto hate considerable Weight with a Jury ; but on the contrary, where the fads were clear, and established . by credible witneises, how.; ever good the chara(qer Of the pribOuer might have been up to the time of commit!ing .the felony, it Was no excuse for the connnission or it. And un less they could . .say that the prisoner nt the lime . of drawing his handkerchief from the counter with both his, hands, as the witness Bailer states, was ignorant that the muslin was contained in it—he did not know how' to state to them , a ground of doubt ; the muslin, as they salv, was of consider able bulk, and not like)) , to lie conlaitced in handl:ercitief, without its being perceived by (le prisoher,,and if they thoug4tsO, it wasilie:r duty to ., say that he was 'guilty. Jury, 'after a tew seconds fonsi.leratioN..re . turned a verdi3 - - - - The krial'h6ted an• hour and a half; the Prisoner appear's a. genteel man, about 28 years of age. The trial excited aft uncommon degree of interest,. and the Court Waa extremely crowded. lT ./ILCHER EaTitiCT OF A LETTER FRoNet AN OFFICER or,RANK, WITH THE AIU3 Y ON Tll2. IbisAN 0 OF WAL- CUEREN. " Liinn,LtitittOu, - Aup. French, fleet is above Liilo, a very strong fortress, and the siege of Which will .d,ubiless occupy, some lime: • " A French'Admiral has hoisted his flag on board alrigate, and has advaneed, in that way down the Scheldt. He has about 20 fri;ates, and • about 100 gun vessels. This looll.s as it . the enemy had teri busty deterrnined to defend the passage of the river against our fleet 1 but their resistance will be vain. Our Admiral, I aat informed, intends to. send .up the, river ten or elev e n sail of 'the libe, with frigates, brigs, cutters, and on-boats in abundance. There Will Of course soon be, hot work in the Scheldt, but we are satisfied that our brave tars will soon cl e a r the passage, while the army advances on the land side. ' Yesterday. I tools . a close view of the walls of Fushing. The, place is strongly fortified, but the witnt of provisions and water will certainly render it imp'ossihle for the garrison to pratraCt the defence Much longer. By the able .....-xert ions of the navy, the communication betwecin Flushing and Caci rd4a d has at last been completely cAlt otT, and, it 14 said that the garrison is now compelled. to eat hories flesh.. Our- hat ieries are all ready, and will comrience the boinbardmeni to night. " The Raven sloop, which behaved so 'gallantly a week ago off Flushing, is tit Campreer, rait Captain Hanchet,. who is recovering lasi from his wound, resides, in the mean litne, in this lowa." (ANoTHER LETTER.) Burns Llzies,'OFF Fttlgit;rio, AVG. 1.-,=Every effort is now exerting to accelerate the necessary works for the bombardment of Flushing. The bat ' t6ies are almost complete, and it Confidently stated; 'that to-morrow the Anniversary ot the Prince of Walei's Birth-day, is fixed ter toe commeoce- Mein of that awful work of d;:strudion. 'For the last two days the brigade of Major-Qeueral Piston, which ate on the let of 'our lines, has been inces santly employed in weiking, and covering parties, at a mortar. battery, Which is erecting, within half a mile of the North-east: of Plushing. Ir was sup posed that-the enemy would have attempted to sur prise that work, and the necessary precatnions were taken to 'defeat Such an attempt. The 7t St regi ment, under Colonel ; Pack, and the battalion of de tachments, ; under that mo,tsatiive and pliant °di cer the Hon. Colonel Cochrane, were for the last two nights under arms within range of the enemy's grape. 'Their position was so covered by strong in closures, that the enemy did not perceive theiri,until morning, when they commenced an ineffectual can nonade. Since their late defeat, by Major-General' Graham's brigade, the enemy, have never ventured to spew them elves without the walk. From two deSerters, who came over yes:erday, the one an Irishman and the, other a native of Nottingham/we learn that the French cannot conceive what we are about—neither do they believe that we have raised half the number of batteries, now in such a wee of forwardness. I understand sh=it the IriAman states his name to be Kinseloglnof Red-gap, in the county Kildare; that he has been four years in the French' service. ,He coutraditis the statement that there were a considerable proportion of the Irish Brigade in Flushing. The number of that Brigade there, he says, does not exceed four hundred, and few but the Qfficers are Irish. It is' commanded by a' Ma- . jor FifXbenry, -- and he 'belonged to Captain Dooly's company. The number of the enemy's 'force in Flushing he Computes to he between g,and 10,000 men, a great proportion of. Whom, he says, are wounded and sick. The rations 'to each man Con sisted* one pound and a halt of bread, one glass of wine, and half a potind of meat per diem. The day before yesterday they 'conimenced on their' salt previsions, all supplies either by land or sea being new wholly prevented. This de,etter also states the anxiety-of the inhabitants to capitulate, and he has no doubt but that it will take plaCe very soon,. after our works begin tb open tan the town. Indeed, .it is the general opinion here, that. Monnet having now very plausible materials for a description in the Monilvur, will surrender a town invested these last eight days by a force of 25;000 men, and at dif ferent times subjetted to the bre of our gun-boats. It is said that the division of the army under Sir John Hope, consisting of the Guards, ',Nth, Ist bat talion of the g d, Ist and 2d, battalions of the4th; Ist of the 28th, , Ist of the fith,' Ist of the bOth, Ist of the gist, with Lord Rosslyn's and the Marquis of Huntley's divisions, will immediately proceed up the Scheldt, towards Antwerp, from South Eeve land, where they had disembarked. The following disposition ot our army around Flushing is tolerably curie tt ‘, Oh the right in the 2d hrisade, under - Major- General Graham, conisting of the 2d battalion of ituyals, I st of the 5111, an,l 23 of the 65th; next the 3d brigad, under. Brigadier-General Ackland, consisting of the Quech'b, Ut ed, the 70th, and 2d battalion-4 tlit• ,‘ Seventh brigade, tliidq - Major Gen. Li.fith, con. , . istingef the 2d battalion of theAgth, cd of the 1 i ih; -Ist of the 7gtla. . • , The Centre are the tth brigade; nutter br,iga dier-Geheral Houston, consisting of the 2d .battalion of_ the 14th, 51st; and Ist battalion of the 82f1. " The 12th brigade; under Major-. General Stew art, consisting of the 2d battalion of the 43d, 6kd, and so.ne companies . of the Nth. " On the left are the 13th brigade,- under l 3 i~r dier-General Roien j burgh, cotiFisting of the 85th, • three squadrons of Dragoons, :the 68th, and German riflemen. , Eleventh brigade, under Major-General Piston, consisting of the 36th, the 77:1), and the battalion • of detachment,s under the Hon. Colonel Crrehrane. Colonel Pack, with the 71st ligla has adetached command at Fort Rammakins. The 'Od battalion of the 63d garrison Can/neer, and the 'bzittahon of the :',3d, .2d of the .81st, and 32d, ggfri sun giddlctuygh.. Since I c‘nrnuenced this letter, (seven o'clOck in the morning,) the enemy have kept up a kin 4 bt dal'use cannonade, one time at such of our works as are „visible to them,. next round the End,. and then ,at* the shipping which invest the town- on the sea side. Captain Brown, oldie 77th, I a very young and promising Odice,r, has been wounded on a working party. He has irm a leg ant! received a severe contusion in his hand and shoulder. - The British officer taken in.the aElion which General Graham's brigade had with the eiemy, was Major Reed of the sth. Lieut.-General Sir Eyre Coote has rernoi ed his quaiters. to East Zauberg", and General .Frazer is more on the- left, at a small rritlage-c,hcdßuthen.s MIDDLEBUR.GIi, Auo, I.l.—The batteries have 110 , yet opened against noshing. The heavy lery have been taken to. the . lines Irom.froni•Ter • veer, with the tat mo,t expedition that could he de sired, by the Mashie - Brigade. This Brigade, 'which .consisCs of a detachment, from each of the men of war, amounts to about 40a, men. It is i.rncicr the countiand of Lord A. Beaucleek, mid has Tnani . • • tested an extranrdinary degree of activity. and - zeal, in which they havebeen encouraged throughout by the gxaniple of .their COnnuanders, • • • "'Tile* delay has alsoaffurdeci the garrisan an op portunity'•of..,receiving reintOreements, whi c h ere . taken to them, night and day, from Brikens, on th e opposite coast, until' Tues:lay exening, when so me o f our gun-boars contrived, to take a station, k 1 high pnt ''an end lothis intercourse. It was expect., , re,r-rt'tha Marquis of Huntley's rnveraken pot sesSsion'oe Cad and at the:.ol‘lset, %Ole!, Woulu have ' prevented this interc.oLese entirely. But the attack was deeo;c,-2 too trazardous. , . . . ! g.... A ane l flotilla - of gun:•brigs and .gun-boats, b ,with some frigates, !,proceeded from 4atutnal:ens on Wednesity hht, in older, to go up the Scheidt to ' wards Antwerp, under the wintuand of Sir Home Popham. Fort Lill°, - wherei he French fleet lie, is Said to be strongly fortified towards the river, having two hundred gun-boats, and a chain bomb, to de fend it. " The Ma . rvis of Huntley arrived in the Rom . pot, with his division, on Tuesday, and on the 107, lowing day di3embarked in South Bevcland, in order lo join Sir JOhn Hupe,:who will t he n 1.1 aVa: a ivices 16,000 men. " This moment I learn that the French have opened the sluices, in order to inundaie our lines: But they cannot, I am told, atled u eKurks 01.'1 ar4 completed, or prevent our myth from approaching Flushing. The sluices were opened last night. d . Yesterday noon his MAJE STY arr i ve d at t h e Queen's Palace from Windsor, .whei e h was re ceived by their Royal fliglineses the Dukes of CUMBERLAND and CAmattIDGE. Shortly after biS MAJESTY held a private . Levee, which was attended by • . --. The Duke of Erunswick ; Earls CaMden, Westmorland, I.iVerpool, and fiarrovvby ; Viscount Castlereagh ; "Lord Luvison Gower, Lord Charles Spencer (in Waiting), and Lord Eleatiifield;, Sir Stephen Cotterel, Sit -David llundas ; Mr. Canning, Mr. Perceval, Mr. Ryder, and Mr. Greville (Groom in Waiting.) The following.had the honour of being presented to his MAJESTY The Duke of Brunswick, on his arrival in England. Lord Fitzroy Somerset, on his return from Spain. And Sir Lucai Pepys, President of the College or Physi. cians, who had the honour of presenting to his Majesty,an elegantly bound volume of The New Pharmacopce‘a. i His MAJESI'Y afterwards held a Privy Council, which \ was attended by the Cabinet Minist ers pre ' sent ; When Mr. RYDER, the Jtidge Advocate, laid before his MAJESTY the proceedings of several Courts Martial. 'At half past five o'clock his MAJESTY lett town for Windsor, with his usual escort. An eminent mercantile house has received letters from Memel, of the 24th ult. They state that greet preparatioup had been made there for .the reception of the ,emperor ALEXANDER, who was daily ex peaed, for the_ purpose of holding,an interview with, the King of Prussia. • The NeptUne, SMITI-1 4 and the Pandora, ANDER SON, are taken round Cape Hortt. The Mlstin. Of . the. Pandora, supercargo, - and' 16 rrfen; were after an eogagement•of three hours. One or.two,more• brigads of the k s oot Some yegiments of cavalry from this c , ;untr j. , someregiments of the line from ireland,'au; diately to be sent on serscice, part . of thetn'to LJr:4. CHATHAM'S, army, and,..p-art, to. Sir ARTI-11„:!1 'W EL LESLBY'S ;' Apd some more artillery go, tv eacl):6l these armies, with detachments of the igae, t ;on corps. , _Sir ARTHUR W ELLELEY, for his numerous . he:: roic exploits, will be created a Peer.. Some say with the title of Lord - TALAvaa4, the place - of that name being the - scene of the last glorious victory, which WAS the fifteenth,' achieved by that distinguished hero. The following, according .to the latest.accontits, 'are the names and rates of the :French ships of the line in the Scheldt, viz. . . Albanois 74 Dugueselin 4 Anvei SAS 74 F riedland Audacieux - 74 lllu s tre Chirlemagne • 74 Josephine Cummzrce de Lyons ' 74 Puitusic Dalmatia - 74, Thesec Dantztc - - 74 Ville tie 13.71 in Besides several frigates, and a number of brigs, • gun-boats, Sce. 74 - •!N - , 74 We learn, with infinite satisfaaion, tiit a sr,b nription is about to be instituted for the relict oft he widows and children of the British heroes who so gloriously' fell in the ever Memorable battle of Tala vera. •